>> sue, you're so glass half full. >> it could be great and fantastic. >> we are locked and loaded. our guests says give asphalt a talk and buy shares of the gun makers. we'll debate more. >> jim cramer is here with his unique take on pepsi and more on a man he says just might be the smartest guy in energy. rr i really do hate being the bearer of bad news but as of now

the averages are rolling on track. where are all of those buyers who used to be so willing to jump in and buy the dips? >> we had two lousy days on monday and wednesday with heavy volume and with 90% of the volume to the downside. that caused some people to say maybe the trend reversal is in here. here is the intraday a lot quieter. take a look at walmart. we lost about two dollars. >> i don't have that note. i will pass it on to you.

a little bit quieter today. on either side of positive or negative. bottom line here is quiet. brian, the thing i would note is that the vix is still elevated. that's a sign that traders are still buying puts. they're still a little on the nervous side. >> bob, who can really blame them? thank you very much. >> anger from president obama. >> all in all this was a pretty shameful day for washington. but this effort is not over. i want to make it clear to the american people. we can still bring about meaningful changes that reduce gun violence, so long as the american people don't give up on it. >> that was president obama

forcefully reacting to the gun amendments being knocked down by congress yesterday. something that is not up for debate is the performance of the gun's stocks. they have just absolutely sored over the last two years. your next guest says there is still great potential of opportunity in the gun industry. joining us now is brian. welcome to street signs. listen it's hotly contested and debated over sector. we know there's buyers but they tend to be more low profile. you have no problem saying i love it as a stock and i'm buying more. how come? >> well, i think you have to look at the gun industry.

you have got about 7 billion in ammunition. around that the whole industry is about 32 billion. you have got a lot of new participants. it's going to be bringing new participants in that obought their first gun and access rising them and getting them to purchase other guns and getting them involved in hunting and target shooting and all of that. >> you said it. the politics have been hot and they will probably continue to be hot for some time. what is the regulatory risk at this stage for the sector? >> i think if you look at the defeat in the senate, it's a battle of mid way for obama. he ease got four carriers zung and one on fire.

you have got about 300 to 400 guns and gun owners. the ability to confiscate and seize is going to be a real heart upward battle. it's not something that the gun control people, you have got to understand that train has left the station. >> these stocks have had big runs up and with that valuation, we know also that there is not a lot of product out there. fundamentally, is there one of those. you certainly have companies with a ton of cash. that's a $2,000 sr 556. when you can put on laser scopes

and stocks and magazines, clips. that's a big market. upwards when we were in new york city, had a quarter of a million dollar gun. beautiful wood guns. all kinds of gold engraving. that's a product line that i think you will see in the next few years going up. there are ways -- go ahead. >> i was going to ask, is there a better investment thesis than some of the others? >> the problem with the gun industry is there are only two big public players. so when you look at the u.s. market.

>> these again are all private. you really are talking about two companies. >> speaking of freedom group, wants to sell freedom group to the ceo of another. this first coming from an exclusive story from rueteres. >> it would be. i don't think that when i do that, i think what they are looking to do is provide the floor to spur competition and have it bid out there just in

case nobody else shows up. >> does that suggest that maybe the group has been having trouble selling freedom group? >> we have to be careful. the first bits are not due until the end of the month. but clearly, you know, they have had quite a while to market the thi thing. they sold the company to some of its peers including some of the pubically listed gun makers we discussed earlier. but, it remains to be seen whether freedom or somewetty individual who doesn't worry that much about reputational risks will step up for this.

>> you raise an excellent point. when you have the newtown massacre as an overshadow over the whole story do you feel there might be banks out there that don't want to get involved and would not be willing to help finance a bid? >> that's right. some investors are perfectly happy with what gun makers do in america and it is certainly a legitimate business. many wall street banks that were, for example, were asked to represent servers and freedom group in the sale at this. and they have come under pressure from some of the nation's biggest public printer funds.

>> and our cnbc documentary original, america's gun, the rise of the ar 15, will premier on april 25 at 10:00 p.m. >> it has been a very tough week. first boston and now tragedy in texas. a massive explosion. we will have the latest on the investigation and find out if this could be a long term head wind. >> and president obama is still in boston. he is meeting with victims in the hospital at this hour. so we will get the very latest on the fbi search for the terror suspects. >> we will take you to this emotional moment from last night. boston bruin fans singing the national anthem, all of them. ♪ oh say can you say by the dawn's early light ♪ ♪ what so proudly we hailed ♪ at the twilight's last gleaming ♪

♪ whose broad stripes and bright stars ♪

>> more now on last night easterable explosion. it exploded with the force of a 2.1 magnitude earthquake. >> well, the search continues in the rubble of what is left of the north half of west texas. this tiny community that is

about 20 miles north of waco, texas. a fertilizer plant exploded after a brief fire at the plant. the explosion could be felt up to 70 miles away. the concussion crushed many homes and businesses in this town. it also damaged the high school, nursing home, and nearby hospital. what they're trying to do now is going block by block, house by house. what's left of the houses to try to determine if there are any more survivors. they pulled 160 people out of the rubble yesterday who were injured. they were taken to hospitals last night. and now the death toll is still holding at between five and 15 people. that between three and four of the casualties including some of

the first responders, the fire men returned to put out that blazing fire. back to you. >> thank you very much. and it may be too soon to determine how the plant explosion will impact other fertilizer producers, but it will likely impact them. america's eyes are opened to the potential dangers of the plants. ironically, most of them are trading to the upside. if it's harder to build a new one, if regulations grow, they will have an advantage because they have existing plants. >> capacity won't necessarily be ableo grow. at this point, president obama visiting victims of the boston terror attack. all of this is coming as the fbi is stepping up its search for the suspects. scott has been following this since the start. can you give us an update? >> it's been nearly 48 hours since we last had an official

news briefing and so a lot of information have flowed into that vacuum. and possibly at that point we will get a little more definitive information about the images that we know that the authorities have right before those deadly explosions on monday afternoon. and we know that there is no shortage of images of people that -- around that site including images from cell phones and from surveillance cameras. there were two cameras that may have provided some very high quality images that were cameras that were provided by a company called access communications to the boston athletic sociasion.

those were hd cameras. if they got good images off of that it may be very easy for them to see some ij imagimages people they want to talk to. president obama is or should be soon headed back to washington after taking part in an hour and 15 minute long inner faith service and thanking volunteers. >> this time next year on the third monday in april, the world will return to this great american city to run harder than ever and to cheer even louder for the 118th boston marathon. [ applause ] >> the title of the service was healing our city. they are working on that and working on clues and we hope to get more of them later this

afternoon. >> indeed we do. thank you very much for that. and just ahead, the real reason health care stocks are getting whacked today. >> and the controversy over robotic surgery continues to heat up. herb greenberg is here. one robot that has come under fire. street signs back right after this. mine was earned in djibouti, africa, 2004.

the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance quote. usaa. we know what it means to serve.

>> welcome back. i'm sharon epperson. we're loobing at equity markets at the lows of the day. prices just under $99 a barrel. the big gainers, natural gas. soaring about 20 cents on the session. and less than the five year average. we will continue to watch as well. we're seeing strong buying coming out of asia. one of the big gainers here. >> gti cheer and cheaper

minute. thank you very much for that. health care stocks are getting hit really hard today. to what degree is this really to blame for? >> earnings stop. . despite the fact that cms did approve a rate inkrees crease.

>> there is a lot direct to consumer marketing. there is a milestone here where the industry .

>> would you have robotic surgery? >> based on my research,procedu. more than picking a robot, a theme that comes through no matter who you talk to, it's not the robot, it is the surgeon. i want to make sure i'm backed up. i think a center for a specialty is something.

you can talk about this with general surgery as well. >> always good to know there is a human behind it. we will check it out on cnbc.com. coming up next. >> he is going to talk about pepsi and mlps and what he considers perhaps the smartest guy in energy. he has got a lot to talk about. how do traders using technical analysis streamline their process? at fidelity, we do it by merging two tools into one. combining your customized charts with leading-edge analysis tools from recognia so you can quickly spot key trends and possible entry and exit points.

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>> it is street talk and this is a time when we take you on a stroll. make your stroll fast is all i'm going to say. >> i will make it as fast as possible. ebay blamed pay pal. unexceptional and saying you look fine. already condemnation by faint praise.

so this is still the cheapest large exploration. this is the biggest western company in egypt. i have been to some of their fields there. deteriorating political economic and social condition. they note about a risk of possible nationalization of apatchee assets. >> this is $130 stock just two years ago. ceo noted conditions for investment banks are still difficult. what's odd is that advisory revenue, like i'm a banker? it did rise 11%. but they had to write down in holdings, cutting the target. >> i want to look at what is happening. tough sector but it's having a good day. >> i will wrap it up like this.

all the analysts are saying the stocks are up because they didn't give us more bad news. they didn't say we're doomed more than we already are. >> lack of bad news equals good news. >> we had cramer here in a second. you have to take a trip to amsterdam. >> can you forgive me? i did not see the store. >> they found the natural gas off of the coast of cyprus and israel. >> what did i describe them? energy technology companies?

>> they did not even though this. they believe there is one, maybe two shale fields that are bigger or as big. they arelo em. >> i played that game. >> all right. >> you have got, obviously last night was a big show. tonight was kind of special. >> that's what she has done.

she has taken the cash business. >> we live in a volatile world. >> look. this is a company thatou have to just listen to them on a broiler plate basis and recognize that they have tremendous momentum and momentum does not stop necessarily.

>> i like kinder morgan partners. i want to talk about mlps for a second. if you get off the december welcome wealthy people in this country, what they own are master limited partnerships.

it is a toll road. it is the jersey turnpike. >> it is kind of like guaranteed dividend growth. here is what rich did. he is taking those. remember all the stuff is where we don't need it. >> that's what rich knew. that's what he knew and that's why he keeps making money.

>> he basically helped found enron. he got out. >> he knew to get out. >> he said this is crazy. he knew to get out of the company. >> oddly, enron and eog has been terrific, too. the real company of enron, when the great people were at enron -- >> we're going to give you a massive promo for your show tonight. >> all three of these people are putting people to work. >> unlike last night, i was embarrassed. you know, great minds. >> you should be watching cnbc 24-7 is all i have to say.

>> get out of here. >> the earnings squad hits the drive through and hash tag tunes. who is going to be their biggest competitor. we're going to debate that. what is coming up on the closing bell? >> we have a couple of very big hours coming your way. we'll find out now. now may be the time to take a bite out of the beaten down stock. also, why is sec commissioner warning of a possible armageddon for one particular asset class that our viewers love? we'll talk to him and get it straight from him. do they risk watering down this multibillion dollar franchise? stay tuned. i know what you're thinking...

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siemens. answers. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪ >> welcome to the earnings spot. we dissect the stories everyone is talking about and help you make the trades. dr. jay, let's get in with the score card here.

82 s&p 500 companies have reported so far with a majority beating estimates. double header here. chipotle reporting after the bell. nice one recently. there is a high expectation because it is all about expectations that the company is going to be raising prices. key for this industry that has been facing higher input costs, particularly labor costs. the expectations of rising prices. it's about time. they don't deliver. >> if they raise prices then you get into the issue of does that impact customer volume? >> they have not -- in the past when they did it two years ago they did not see an impact in terms of consumers being willing to buy their burr ree toes.

talking about the latest short idea. so, duelling camps on the street here in terms of where chipotle goes. >> and jeff, he has certainly been right about bonds a lot. we will see whether or not he is right about chipotle. i think there is the energy inputs for them distribute iing their costs are down. might upgrade a little bit. >> for mcdonald's it's interesting. for chipotle, we're focusing on

raising prices. for mcdonald's they have been focusing on the value menu. >> they have got operational issues. how will they address them. >> absolutely. >> let's talk about oil services. we have a couple coming up. these have been trading along. >> these are the gold standard of that service side of the industry? it's been a horrific start of this second quarter for them. then you go into the secondary stocks like esf and rig transocean and so forth and it

g gets there. this second quarter not looking so good for these guys. if we stabilize as far as the price of crude oil and maybe even we base there it's going to be good there. >> anything that is not expected already. >> it would be, i guess, orders that have not been put on hold. i'm expecting a couple of them to actually say that orders have been put on hold as we drop. >> all right. that is the earnings squad for today. if you want to join the conversation, tweet us. herb and i will be back tomorrow morning with more updates and insights. from busser to waiter to chef before opening a restaurant specializing in fish and game from the great northwest. he'll start investing early,

he'll ndome go and he'll set money aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade.

>> good afternoon from boston. a little bit of breaking news. the next news briefing which we have been waiting for for almost 48 hours now will take place at 5:00 eastern time this afternoon in boston and it will be primarily the law enforcement folks as opposed to past briefings. this is going to be focused on

law enforcement and we believe they released some pictures. >> thank you very much. we will be glued at 5:00 p.m. eastern. >> mandy, the music app is designed to help you discover music by tapping into the massive number of conversations happening about music on twitter.

uss can listen to song priews w to buy songs from i tunes. users can log in to listen to full tracks. now the leading music recommendation service, pandora, wasn't mentioned here. we will have to see if this poses a threat to pandora. the twitter music doesn't include adds and there is no indication. now even with that revenue right now, twitter aims for new music app to be a win win. >> all right. thank you. and let's bring in rich, director of research. it's a neat idea.

you know, i tweeted out earlier as a semi joke that the music that is trending there is just as bad as the music trending on spotify and others. but is this a real business? >> what they have well, what th kind of like media genius. he's from the same fraternity at sperlatch. and what they're doing is establishing a social network within a social network. why is that important? that's important because the average user of social shares, all right, doesn't really want their loudmouth uncle to tell their mom that they just listen to, you know, give me it but easy z. they want a certain amount of privacy and they want, you know, they want only elements within their own social network to be exposed to shares. and so what's important for that, for spotify, is that facebook, you know, facebook has

built spotify's business, and now twitter issing a g aggregate businesses they built up on facebook. this is about diversion of traffic. >> but are there enough ears to go along. when we first talked about this story. this is kind of like music wars. but is there enough opportunity to go around for everybody that's already in the game? >> yeah, right. so, radio and the recording industry, together, is a roughly a $22 billion a year u.s. industry in aggregate, okay? that industry, we think, is ripe for this destruction, right? so what that means is in a transition of traditional dollars to digital dimes is going to take place, and that's going to leave an industry that's roughly $8 billion to $17 billion on the table for those players that are in this industry right now. that's the reason why you're seeing all the forces line up. and a freed, we like

pandora, because we tell people that, you know, don't bet on the horse race, bet on the horses that are going to be in the paddo paddock, all right. >> what are you saying, bet on all of them. let me be clear, there's a lot of them, right? there's itunes. you've got amazon and google storing music and selling them. you've got spotify, others like mog and last f.m. they can't all survive. >> no, they can all survive. that's always been our point. all right? we're talking about, you know, revenue today is less than $1 billion, all right? revenue, we're telling everybody, for the last year, is going to be about $8 billion. so there are going to be winners. and, you know, if you have a portfolio of winners, you know, an apple, a pandora, you know, what you're going to make on that, you know, over the long-term, because we're telling people to invest in horses. we're not telling people to make a bet on the trifecta.

>> we have to leave it there, rich, but it's a very interesting and controversial discussion, thank you. let's take a look at what is happening with the markets. because we're now down 100 points on the dow. if you make money from volatility, which week you have had your volatility. and as bob pisani was saying earlier on today, that actually we've been in a situation where we've seen volume being heavier on negative days. you can see there that the s&p is off by nearly 1%. the nasdaq down by 1.4. >> nokia, getting whacked today, despite reporting sales of o its smartphone, lumia, picking up. this is a company that's had a lot of problems. let's brings in rbc analyst, mark su. mark, that is a stock down 90% over the past ten years or so. steven elove is there, made this deal with his old company. i've used the lumia phones, they're kind of neat-looking, but are people actually buying this phone? >> i think in isolation, the phone is actually not that bad, but it's a sea of a very

competitive environment. if you look at if ever there's a market that's competitive, it's the smartphone industry. what we're finding is the industry is actually quite healthy, the numbers are still pretty strong, but all of the handset vendors are having quite a bit of tough time at the moment, because the competition is increasing and we think the profits for everyone is actually decreasing. now, for nokia, they're in a difficult situation, because they only have about 2% to 3% market share, so they don't have the volumes, they don't have the scale, and they don't have the resources. and this is happening in an environment where more new devices from apple will come out, more new devices from samsung will come out. still very tough for nokia. >> it does sound like it's very tough. so why do you say in your note, mark, it's been moving in the right direction. what is the right direction for them and is the right direction for the stock going to be up? >> i think the right direction for them is to accelerate the product development. i think one of the things that have worked for them in the past is their feature phone, their low-end devices that helped

cushion the things as they deve that's actually started to erode for them. in terms of the stock, this is a company that is still in a negative revision period for their earnings. once again, we cut our target on nokia, once again, we're cutting our numbers on the estimates. but i think the view is, overall, the industry, if you look at the handset industry, the profits pool, we think, is actually starting to decrease. >> mark, that's not optimistic, but are we looking at nokia wrong? the smartphones, what we see as consumers and journalists, is there an enterprise side that's doing well that we don't know about? is there an ip side that's doing well? or is, really, the smartphone issue, nokia's entire issue? >> sure, if you look at the service providers, clearly, they want more choice. they want to reduce their subsidies. they want to get other devices out there, except, not just two devices, apple and samsung. so for nokia, there's a window of opportunity. however, it's not a much-coveted

device from the studies that we've done. it's the same issue for blackberry, which is trying to drive demand, and to drive demand, they have to increase sales and marketing. that's tough to do against someone like apple and samsung. for nokia, i think they have a small window, but they really need to execute and they're running out of time. >> got to take this window. rbc's mark sue. and we showed on that board there, apple stock, which is sitting at 390, below that 400 mark today, and probably one of the reasons why we're seeing the nasdaq underperform the other two eindices. >> you know, you wonder how much longer he might have, was the strategy was all in with microsoft. see if that works. coming up after the break, a story that's going to tick you off, that adds insult to injury in boston. everybody has different investment objectives,

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find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. what you've got in front of you is a drop of 116 points now there on the dow. we do seem to be seeing a bit of a downshift here late in the trading day. as we were saying earlier, we do see heavier volume on these negative days, as of late, a lot of volatility being introduced into the markets there. we've got a smooth ride. >> and clearly two things to blame here. number one, you, number two, more sellers than buyers. that said. adidas selling a boston t-shirt on its website but 100% of its profits go to the victims' funds. but another story out there on ebay, people selling boston marathon medals at markup prices. the guy that make the medals

says he thinks these could be stolen or lost medals. >> if the profits are going to charity, okay, but if not, it's disgusting. >> on that happy know, thanks for watching "street signs". >> "closing bell" is coming up next. and we do welcome you into "closing bell." i'm bill griffeth. >> i'm michelle caruso-cabrera at the new york stock exchange, in for maria bartiromo, who is in tomorrow. we are, of course, watching this market very closely, but we are also waiting on a much-anticipated fbi news conference, where it is expected a picture of a person of interest in the boston bombings will be released to the public. we will bring that to you live as it happens. >> watching that very carefully, as you said. also, watching a huge trifecta of earnings. it will be out right after the bell rings.